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HomeMy WebLinkAbout1987 08-10 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 10, 1987 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:05 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Councilmember Theis. OPEN FORUM Mayor Nyquist recognized Rollie Bolier, 6825 Quail Avenue North. Mr. Bolier stated he had a new house built on Quail Avenue, and he moved into it last October. He stated he would like to make a complaint regarding a neighbor who owns a very large truck. He noted the neighbor stores this truck and maintains it on a paved area in his back yard. Mr. Bolier stated his neighbor leaves for work at approximately 5 a.m. each morning and returns around 7 p.m. He stated he has reviewed the existing City Ordinance regarding storage of a vehicle this size, and he believes this ordinance is outdated and would appreciate anything the City Council can do to help his situation. The City Manager stated City staff is currently investigating changes to this particular ordinance which would address this particular situation. He stated he would keep Mr. Bolier apprised of the proposed changes and also the public hearing date for the ordinance amendment. Mayor Nyquist added City staff has received other complaints from neighbors in this area regarding the situation. f CONSENT AGENDA Mayor Nyquist stated City staff has requested item 81 be removed completely from the agenda. He inquired if any Councilmember requested any items removed from the consent agenda. Councilmember Theis requested item 8g and Councilmember Hawes requested 8b be removed from the consent agenda. RESOLUTIONS RESOLUTION NO. 87 -152 Member Celia Scott introduced the following resolution and moved its adoption: r P 8 -10 -87 _1_ I RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1986 -I, STORM DRAINAGE IMPROVEMENT PROJECT NO. 1986 -08 (BROOKLYN FARM AREA STORM DRAINAGE) i The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION N0, 87 -153 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1986 -20 (EARLE BROWN COMMONS UTILITY SYSTEM) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -154 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1986 -M, STREET IMPROVEMENT PROJECT NO. 1986 -10 (69TH /70TH AVENUE NORTH BETWEEN DUPONT AVENUE AND T.H. 252) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION N0. 87 -155 Member Celia Scott introduced the following resolution and moved its adoption: I RESOLUTION DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS FOR IMPROVEMENT PROJECT --NO. 1986 -10 (STREET IMPROVEMENTS TO 69TH AND 70TH AVENUE NORTH) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION N0. 87 -156 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1987 -I, WATER MAIN IMPROVEMENT PROJECT NO. 1987 -16 (PAUL DRIVE WATER MAIN) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -157 Member Celia Scott introduced the following resolution and moaned its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS FOR DISEASED SHADE TREE REMOVAL COSTS, PUBLIC UTILITY HOOKUP CHARGES, DELINQUENT PUBLIC UTILITY ACCOUNTS, DELINQUENT WEED REMOVAL ACCOUNTS, AND HAZARD ABATEMENT COSTS 8 -10 -87 -2- The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -158 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES (ORDER NO. DST 08/10/87) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -159 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXTENDING JOINT COOPERATION AGREEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -160 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1987 GENERAL FUND BUDGET TO PROVIDE FOR WAGE AND SALARY ADJUSTMENTS DUE TO THE 1984 MINNESOTA PAY EQUITY ACT The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: AMUSEMENT DEVICE - VENDOR LICENSE D.V.M. Inc. 119 State Street FOOD ESTABLISHMENT LICENSE The Learning Tree 6020 Earle Brown Drive GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Browning Ferris Industries of MN 9813 Flying Cloud Drive Rapid Way Disposal 685 - 123rd Avenue NW Waste Control 95 West Ivy Avenue Willman Trucking, Inc. 62 - 26th Avenue North Woodlake Sanitary Service, Inc. 4000 Hamel Road MECHANICAL SYSTEMS LICENSE H. 0. Soderlin, Inc. 3731 Chicago Avenue Pete's Repair, Inc. 2610 Lowry Avenue North k SIGN HANGER'S LICENSE Master Craft Sign Company 11265 - 91st Avenue North f I 8 -10 -87 -3- i The motion passed unanimously. APPROVAL OF MINUTES - JULY 27 1987 - REGULAR SESSION There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the minutes of the July 27, 1987, City Council meeting as submitted. The motion passed. Councilmember Theis abstained from the vote as he was not present at the July 27, 1987, City Council meeting. RISK MANAGEMENT AUDIT REPORT The City Manager noted on November 10, 1986, the City Council had approved an appropriation for a risk management audit. He stated John Simacek, from American Risk Services, Inc., is present this evening to present the risk management audit report. Mr. Simacek stated it took several months of work and investigation into all the City insurance policies to develop this report and recommendations. He noted at this time the City's risk retention is much greater than the current policy deductibles. He went on to explain the different methods in which the City could transfer part of its liability. He referred the Mayor and City Council to that part of the report listing major recommendations. He noted these are areas which should be thoroughly investigated and analyzed before any changes are made to the City's current insurance policies. A brief discussion then ensued relative to some of the major recommendations quoted by Mr. Simacek, and the reasons for making these recommendations. The City Manager stated that over the next few months he and the Finance Director would be reviewing and analyzing the City's current insurance policies and the recommendations made by Mr. Simacek. He noted after review of the current policies and these recommendations he may ask the Council to make some changes to the City's insurance policies. He noted this would be done prior to the renewal period which is usually January 1. ORDINANCES The City Manager presented An Ordinance Amending Chapter 1 of the City Ordinances to Prohibit the Disturbance Caused by a Barking, Howling, or Fighting Animal. He noted this amendment will allow for stronger enforcement of barking dog regulations. He stated this item was first read on July 13, 1987, published in the City's official newspaper on July 23, 1987, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 1 of the City Ordinances to Prohibit the Disturbance Caused by a Barking, Howling, or Fighting Animal and inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to close the public hearing on An Ordinance Amending Chapter 1 of the City Ordinances to Prohibit the Disturbance Caused by a Barking, Howling, or Fighting Animal. The motion passed unanimously. 8 -10 -87 -4- ORDINANCE NO. 87 -06 Member Celia Scott introduced the following ordinance and moved its adoption: AN AMENDMENT TO CHAPTER 1 OF THE CITY ORDINANCES TO PROHIBIT THE DISTURBANCE CAUSED BY A BARKING, HOWLING, OR FIGHTING ANIMAL The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 23 Regarding Appointment of Special Police Officers. He stated this amendment will delete the section on appointment of special officers to make the City's ordinance consistent with State law. He noted this item was first read on July 23, 1987, published in the City's official newspaper on July 23, 1987, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 23 Regarding Appointment of Special Police Officers and inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on An Ordinance Amending Chapter 23 Regarding Appointment of Special Police Officers. The motion passed unanimously. ORDINANCE NO. 87 -07 Member Gene Lhotka introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 23' REGARDING APPOINTMENT OF SPECIAL POLICE OFFICERS The motion for the adoption of the foregoing ordinance was duly seconded by member Rich Theis, and the motion passed unanimously. a The City Manager presented An Ordinance Vacating Drainage and Utility Easement along the Easterly Lot Line of Lot 4, Block 1, Earle Brown 1st Addition. He noted this item was first read on July 13, 1987, published in the City's official newspaper on July 23, 1987, and is offered this evening for a second reading. Councilmember Theis inquired why the property owner requested the City to vacate part of the easement. The Director of Public Works stated currently there is a house on this property, apparently the property owner wished to build a garage which would have encroached on the easement. By vacating 5' of the easement the property owner can now legally build the garage. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Vacating Drainage and Utility Easement along the Easterly Lot Line of Lot 4, Block 1, Earle Brown lst Addition and inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. 8 -10 -87 -5- i There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to close the public hearing on An Ordinance Vacating Drainage and Utility Easement along the Easterly Lot Line of Lot 4, Block 1, Earle Brown 1st Addition. The motion passed unanimously. ORDINANCE NO. 87 -08 Member Rich Theis introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT ALONG THE EASTERLY LOT LINE OF LOT 4, BLOCK 1, EARLE BROWN 1ST ADDITION The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 23 Regarding Nursing Homes and Boarding Care Homes and a Housekeeping Change to Section 23 -901. He stated this item will delete local control and licensing of nursing homes. He added this item is offered this evening for first reading. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapter 23 Regarding Nursing Homes and Boarding Care Homes and a Housekeeping Change to Section 23 -901 and setting a public hearing date of September 1, 1987, at 7:30 p.m. The motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 35 Regarding Requirements for Nursing Homes. He noted this item is offered this evening for a first reading. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve for first reading An Ordinance Amending Chapter 35 Regarding Requirements for Nursing Homes and setting a public hearing date of September 1, 1987, at 7:30 p.m. The motion passed unanimously. PLANNING COMMISSION ITEMS The Director of Planning and Inspection stated a representative for Planning Commission Application No. 87015 is not present at the meeting at this time, and he suggests tabling this item. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to table Planning Commission Application No. 87015 submitted by Uhde /Nelson, Inc. due to the absence of the applicant. PLANNING COMMISSION APPLICATION NO. 87016 SUBMITTED BY ESPECIALLY WOMEN INC. REQUESTING SPECIAL USE PERMIT APPROVAL TO OPERATE A WOMEN'S HEALTH CLUB IN THE BROOKVIEW PLAZA SHOPPING CENTER AT EARLE BROWN DRIVE AND SUMMIT DRIVE The City Manager noted this item was recommended for approval by the Planning Commission at its July 30, 1987, meeting. The Director of Planning and Inspection referred the Mayor and City Council to pages three and four of the July 30, 1987, Planning Commission minutes and the informational sheet attached with those minutes. He noted this type of proposed use requires a- special use permit. 8 -10 -87 -6- The City Manager left the table at 7:55 p.m. The Director of Planning and Inspection went on to review the proposed location and noted it would be next to the area previously occupied by Designer Depot. The City Manager returned to the table at 7:57 p.m. The Director of Planning and Inspection stated one of the main concerns of the Planning Commission was the amount of parking required for this type of use. He noted the parking requirement for total floor space is 64 spaces. He stated the retail parking formula for this building is 6.2 spaces for 1,000 square feet or ` 88.8 spaces for the space in question. Therefore, parking available for the floor area in question far exceeds the requirement of the ordinance for the Health Club use. He noted the Planning Commission recommended approval of the application subject to six conditions which he reviewed for the Council. The Director of Planning and Inspection stated a public hearing has been scheduled for this application and notices have been sent. Councilmember Lhotka inquired if a seventh condition should be added regarding screening for rooftop mechanical devices. The Director of Planning and Inspection stated he believed this would be an appropriate addition. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 87016 submitted by Especially Women, Inc. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. 4 There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to close the public hearing on Planning Commission Application No. 87016 submitted by Especially Women, Inc. The motion passed unanimously. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to ! approve Planning Commission Application No. 87016 submitted by Especially Women, Inc. requesting special use permit approval to operate a women's health club in ` the Brookview Plaza Shopping Center at Earle Brown Drive and Summit Drive subject to the following conditions: i 1. The special use permit is issued for a health club use and may not be transferred to any other type of use. a 2. The special use permit is subject to all applicable codes, ordinances, and regulations and any violation may be grounds for revocation. ` k 3. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 4. Swimming pool plans are subject to review and approval by the State 'r Health Department prior to the issuance of permits. � 8 -10 -87 -7- 5. The swimming pool and shower room shall be licensed as required by Section n 7 201 of the City Ordinances nces prior to operation. 6. Suntanning beds shall be inspected by the City Sanitarian on a yearly basis. 7. Any new rooftop mechanical equipment shall be appropriately screened from view. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 87017 SUBMITTED BY EARLE BROWN BOWL REQUESTING SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL TO CONSTRUCT AN ADDITION AT THE EARLE BROWN BOWL AT 6440 JAMES CIRCLE NORTH FOR STORAGE DINING ROOM. AND ENTRY AREA The City Manager noted this item was recommended for approval by the Planning Commission at its July 30, 1987, meeting. The Director of Planning and Inspection referred the Mayor and City Councilmembers to pages four through six of the July 30, 1987, Planning Commission minutes and the informational sheet attached with those minutes. The Director of Public Works left the table at 8:04 p.m. The Director of Planning and Inspection proceeded to review the proposed site layout and changes. He stated the seating plan shows only a relocation of existing seats. He noted staff was concerned with the expansion of the dining room that there would be an expansion of the seating resulting in a parking deficiency. He stated staff believed it was important the seating plan be publicly acknowledged by the applicant as the maximum allowable. He added the owner has assured staff no seating changes are comprehended only relocation of existing seating. The Director of Public Works returned to the table at 8:10 p.m. Councilmember Scott inquired if the waiting /coatroom would be totally separate from the restaurant and hostess area. The Director of Planning and Inspection stated that was correct. Councilmember Scott stated she did not believe this would be the best layout for the owner or the patrons of the restaurant to leave the coatroom unsupervised. The Director of Planning and Inspection noted the Planning Commission recommended approval of this application subject to seven conditions which he reviewed for the Council. He noted a public hearing has been scheduled for this evening and notices have been sent. f Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 87017 submitted by Earle Brown Bowl. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. 8 -10 -87 -8- There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to close the public hearing on Planning Commission Application No. 87017 submitted by Earle Brown Bowl. The motion passed unanimously. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve Planning Commission Application No. 87017 submitted by Earle Brown Bowl requesting site and building plan and special use permit approval to construct an addition at the Earle Brown Bowl at 6440 James Circle North for storage, dining room, and entry area subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes, prior to the issuance of permits. 2. B612 curb and gutter is required around all parking and driving areas. 3. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Outside trash disposal facilities shall be appropriately screened from view. 5. The building addition shall be equipped with an automatic fire extinguishing system in accordance with Chapter 5 of the City Ordinances. 6. The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 7. Special use permit approval acknowledges a maximum of 243 seats in the supper club, coffee shop, and lounge area based on available parking. One hundred and fifty dining seats must be maintained in the supper club and,coffee shop for purposes of the liquor license. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:15 p.m. and reconvened at 8:31 p.m. PLANNING COMMISSION ITEMS (CONTINUED) Mayor Nyquist noted the applicant was present for Planning Commission Application No. 87015, and he would entertain a motion to remove this item from j the table. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to remove Planning Commission Application No. 87015 from the table since the applicant is now present. The motion passed unanimously. 8 -10 -87 -9- I PLANNING COMMISSION APPLICATION NO 87015 SUBMITTED BY UHDE /NELSON INC REQUESTING SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL TO CONSTRUCT AN APPROXIMATE 8.000 SO FT.- OFFICE BUILDING ON THE VACANT PARCEL OF R5 ZONED LAND, EAST OF 7100 BROOKLYN BOULEVARD (THE OLD CITY HALL SITE) The City Manager noted this item was recommended for approval by the Planning Commission at its July 30, 1987, meeting. The Director of Planning and Inspection referred the Mayor and City Council to pages one through three of the July 30, 1987, Planning Commission minutes and informational sheet attached with those minutes. He noted office buildings are allowed by special use permit in the R5 zoning district. The Director of Planning and Inspection went on to explain access to the proposed building would be from Brooklyn Boulevard through the parking lot of the first phase building, Edina Realty. He noted the site plan calls for 41 parking stalls, which would allow for only about 400 sq. ft. of floor area devoted to medical /dental occupancy in the building. He added in the past residents of area have expressed an interest in having an office development in this area instead of multifamily housing. The Director of Planning and Inspection stated the Planning Commission recommended approval of this item subject to 13 conditions which he reviewed for the Council. He noted a public hearing has been scheduled for this evening and notices have been sent. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 87015 submitted by Uhde /Nelson, Inc. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on Planning Commission Application No. 87015 submitted by Uhde /Nelson, Inc. The motion passed unanimously. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve Planning Commission Application No. 87015 submitted by Uhde /Nelson, Inc. requesting site and building plan and special use permit approval to construct an approximate 8,000 sq. ft. 'office building on the vacant parcel of R5 zoned land, east of 7100 Brooklyn Boulevard, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility, and berming plans are subject to review and k approval by the City Engineer, prior to the issuance of permits. ` 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 8 -10 -87 -10- 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is "subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the ;property improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter into an easement and an agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. Fire hydrants shall be located on the site as per the order of the Fire Marshal. 12. The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof may be grounds for revocation. 13. The plan shall be modified to indicate the specific location and i screening of a trash enclosure. i The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Declaring Cost to be Assessed and 4 Providing for Hearing on Proposed Assessments for Improvement Project No. 1986- 08 (Earle Brown Farm Storm Sewer Installation). Councilmember Hawes inquired who would be paying the $42,000 difference between the project cost and the assessment cost. The Director of Public Works stated the difference would be paid by the HRA from the Tax Increment Financing District. RESOLUTION NO. 87 -161 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1986 -08 (EARLE BROWN STORM SEWER) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 8 -10 -87 -11- I I i The City Manager presented a Resolution Accepting Work Performed under Contract for Improvement Project No. 1987 -17, Emergency Repairs to Well No. 8. Councilmember Theis inquired if the 11 sections of pump column which were found to be damaged were damaged while pumping or from the other repairs to the well. The Director of Public Works stated the damage to these 11 sections were caused by corrosion. He noted staff did not expect to find these type of conditions on the pump column. RESOLUTION NO. 87 -162 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT FOR IMPROVEMENT PROJECT NO. 1987 -17, EMERGENCY REPAIRS TO WELL NO. 8 The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. The City Manager presented a Resolution Accepting Bid and Approving Contract for Improvement Project 1985 -12, Dallas Road Repair between 72nd and 73rd Avenues North (Contract 1987 -K). The Director of Public Works noted the total project cost for all three phases of this project is approximately $68,000, which is $10,000 more than the estimate. He stated as discussed at previous Council meetings, Phase II of this project was unable to be completed due to the unusual dryness of the winter and spring. He noted because Phase II could not be completed, testing was done in the area and it was recommended that the roadway design be increased from 1 1/2 inches to 2 1/2 inches of overlay. He stated this revision accounted for an increase of approximately $4,000 in the bid cost of Phase III. He noted the balance of the difference between the project bid and the estimate of Phase III work is the result of a difference in the estimated unit prices and unit bid prices. He stated while the cost is greater than the original estimate, the prices are reasonable given the size and i difficulty of the job. I Councilmember Lhotka inquired if the bid would be lower if the project were delayed until next spring and then combined with another roadway project. The Director of Public Works stated it is possible the bid would be somewhat lower but he wouldn't count on it. He noted the Phase II testing was necessary to prove the City could get by with a minimum overlay on this road. Councilmember Lhotka inquired if the road is left as it is, will there be a problem over the winter with it. The Director of Public Works stated there would be no significant problems only more deterioration. Councilmember Lhotka stated he does not believe the City would end up spending as much money next spring on this project, especially if it were combined with another project. Councilmember Hawes inquired if the Director of Public Works feels confident the recommended 2 1/2 inch overlay will take care of the problem in this area. The Director of Public Works stated after much staff and consultant review everyone is very confident this will take care of the problem. RESOLUTION NO. 87 -163 Member Bill Hawes introduced the following resolution and moved its adoption: 8 -10 -87 -12- RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR IMPROVEMENT PROJECT 1985 -12, DALLAS ROAD REPAIR BETWEEN 72ND AND 73RD AVENUE NORTH (CONTRACT 1987 -K) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed with Councilmember Lhotka opposed. DISCUSSION ITEM 1988 BUDGET LEVY LIMITATIONS The City Manager stated that he and the Director of Finance are planning to ask for a variance or exception to the levy limit law. He noted this request must be submitted at this time in order to meet all deadlines required for the City's budget. He stated by requesting this exception it does not commit the City to use the higher levy limit. He noted it would permit the City to go up to the point requested. The City Manager noted this item does not require any Council action. ADJOURNMENT There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:59 p.m. l ` City Clerk Mayo f i i f i 8 -10 -87 -13-